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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N. J. JAMADAR
Maki Homi Chibber Nee Maki Modi – Appellant
Versus
State of Maharashtra, Through its Principal Secretary, Housing Department – Respondent
The reasoning that the principle of natural justice was not followed is given in paragraph [62].
| Table of Content |
|---|
| 1. ownership and lease disputes (Para 2 , 4 , 5 , 6 , 11) |
| 2. challenge to competent authority's decision (Para 12 , 14 , 18 , 20 , 37) |
| 3. requirements for deemed conveyance (Para 21 , 26 , 33 , 39) |
| 4. jurisdiction limitations of the competent authority (Para 28 , 32 , 36 , 38) |
| 5. final decision and remit (Para 84 , 85) |
JUDGMENT :
N. J. Jamadar, J.
1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.
2. By this Petition under Article 227 of the Constitution of India, the Petitioner takes exception to an order dated 14th June 2022, passed by the District Deputy Registrar, Cooperative Societies, Thane and the Competent Authority, thereby granting Unilateral Deemed Conveyance Certificate in respect of the premises admeasuring 5436.80 sq mtrs (“the subject premises”) out of the total area of 2 Hectors 32 Ares and 71 Points (23,271.00 sq mtrs) (“the larger property”) situated at Shastri Nagar, Village Majiwade, Thane (West), under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“the MOFA, 1963”).
3. Though the Petition arises out of
The Competent Authority's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
The competent authority's jurisdiction to grant deemed conveyance is limited and cannot delve into aspects of title. An order granting deemed conveyance does not conclude the issue of right, title, a....
Co-owners must be made parties and given hearing before Competent Authority grants unilateral deemed conveyance under MOFA Section 11; natural justice mandatory, no prejudice needed to prove where pr....
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
The main legal point established in the judgment is the limited scope of the Competent Authority's enquiry under section 11 of the Maharashtra Ownership of Flats Act, 1963, and the dismissal of the P....
The court affirmed that a unilateral deemed conveyance can be granted under MOFA despite ongoing litigation, as the statutory rights of flat purchasers are not extinguished by an auction sale.
The court affirmed that deemed conveyance under MOFA can apply to composite societies, despite differing member agreements, emphasizing equitable treatment and the necessity of proper procedural comp....
The court affirmed that deemed conveyance can be granted under Section 11 of the Act even without an occupancy certificate, provided a self-declaration is submitted, preventing promoters from benefit....
The court established that the promoter's obligation under MOFA to convey property to the society is paramount, and the competent authority's role is limited to ensuring compliance with this obligati....
The court affirmed that deemed conveyance can be granted without an occupancy certificate if a self-declaration is submitted, emphasizing the promoter's obligation to obtain such certificate.
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